The High Court has ruled that several property assets must be restored to the estate of the late Abbas Moaven, rejecting claims that they were held under a shared family trust.

高等法院裁定，數項物業資產必須歸還至已故 Abbas Moaven 的遺產中，並駁回了該等資產由家族共同信託持有的主張。

The litigation originated following the 2012 demise of Abbas Moaven, a property investor and restaurateur. His widow, Gabriela Teixeira, and their two children sought the restoration of four residential properties—located in Queen's Gate, Holland Park, Brasenose House, and Maida Hill—to the decedent's estate. These assets had been excluded via trust documents signed by Mr. Moaven shortly before his death, which asserted that ownership was split equally between himself, his brother Amir, and their mother.

這場訴訟源於房地產投資者兼餐廳經營者 Abbas Moaven 於 2012 年去世。其寡婦 Gabriela Teixeira 與兩名子女尋求將位於 Queen's Gate, Holland Park, Brasenose House 及 Maida Hill 的四處住宅物業歸還至死者的遺產中。這些資產此前因 Moaven 先生在去世前不久簽署的信託文件而被排除，該文件聲稱所有權由其本人、其兄 Amir 及他們的母親平分。

Stakeholder positioning revealed a fundamental divergence in the interpretation of these documents. The defendant, Amir Moaven, contended that the properties were registered in his brother's name for cultural reasons and represented a pooling of familial resources. Conversely, the claimants argued that the declarations were fraudulent instruments. This position was supported by solicitor attendance notes indicating a strategic intent to prevent Ms. Teixeira from accessing funds or relocating to Brazil with the children upon the decedent's passing.

利害關係人的立場顯示，雙方對這些文件的解釋存在根本分歧。被告 Amir Moaven 主張，物業登記在弟弟名下是出於文化原因，代表家族資源的整合。相反，原告方認為這些聲明是欺詐手段。律師的紀錄支持了這一觀點，指出當時存在策略性意圖，旨在防止 Teixeira 女士在死者去世後獲取資金，或帶領孩子移居巴西。

Deputy Master Timothy Bowles determined that the trust declarations constituted a 'sham,' characterizing the defendant's narrative as a 'fiction.' The court found that the documents lacked legal or equitable substance and were designed to artificially diminish the estate's valuation to obstruct the widow's inheritance and potentially evade creditors. Consequently, the court affirmed that Mr. Moaven remained the sole legal and beneficial owner of the assets at the time of his death.

副法官 Timothy Bowles 判定信託聲明屬於「虛構」，並將被告的敘述定性為「幻想」。法院發現這些文件缺乏法律或公平原則上的實質內容，旨在人為降低遺產估值，以阻礙寡婦繼承遺產並可能逃避債權人。因此，法院確認 Moaven 先生在去世時仍為該等資產的唯一合法且實質所有權人。

The properties are now reintegrated into the estate, which is estimated at approximately £5 million, pending further litigation regarding the distribution of shares.

物業現已重新整合至遺產中，估計價值約 500 萬英鎊，目前正等待關於份額分配的進一步訴訟。